18-Wheeler Accidents in Henderson County: Your Complete Legal Guide

When an 80,000-Pound Truck Changes Your Life Forever

The impact was catastrophic. One moment, you’re driving along Henderson County’s highways, the next an 18-wheeler is jackknifing across three lanes. The truck’s massive weight—up to 25 times heavier than your car—creates forces that shatter metal and bone alike. In an instant, your life changes forever.

Henderson County sees its share of trucking accidents. With major corridors like US-175 and SH-31 cutting through the county, commercial trucks are a constant presence. These aren’t just big cars—they’re massive, complex machines that require specialized knowledge to operate safely. When trucking companies cut corners on maintenance, training, or safety, Henderson County families pay the price with traumatic brain injuries, spinal cord damage, amputations, and wrongful death.

At Attorney911, we’ve spent over 25 years fighting for Henderson County trucking accident victims. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts against some of the largest trucking companies in America. We know how these cases work, and we know how to win them.

Why Henderson County Trucking Accidents Are Different

Every year, thousands of 18-wheeler accidents occur on Texas highways. But Henderson County has unique factors that affect your case:

Local trucking corridors: US-175 connects Athens to Dallas, while SH-31 runs through the heart of the county. These routes see heavy commercial traffic from local businesses and interstate carriers.
Agricultural freight: Henderson County’s farming industry means more grain trucks, livestock haulers, and equipment transporters on local roads.
Seasonal tourism: With attractions like the Texas Freshwater Fisheries Center and local lakes, tourist traffic creates additional trucking risks.
Local courts: Henderson County cases are heard in the 3rd Judicial District Court, where we have experience navigating the legal system.

The trucking companies know these roads too. They know where the dangerous curves are, where visibility is limited, and where drivers are most likely to violate hours-of-service regulations. That local knowledge is why you need a Henderson County trucking accident attorney who understands the terrain—both physical and legal.

The Devastating Injuries We See in Henderson County Trucking Cases

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. The average passenger car weighs about 4,000 pounds. A fully loaded truck can weigh 80,000 pounds—20 times heavier. That weight disparity creates forces that overwhelm vehicle safety systems.

Traumatic Brain Injury (TBI): The Invisible Devastation

TBI occurs when a sudden trauma causes damage to the brain. In Henderson County trucking accidents, we commonly see:

Concussions: Often dismissed as “minor” but can have lasting effects
Moderate TBI: Extended unconsciousness, memory problems, cognitive deficits
Severe TBI: Extended coma, permanent cognitive impairment

Symptoms may not appear immediately—headaches, dizziness, confusion, and memory problems can develop over hours or days. That’s why it’s critical to seek medical attention immediately after any trucking accident, even if you feel “fine.”

Spinal Cord Injuries: Life-Altering Damage

Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis:

Paraplegia: Loss of function below the waist
Quadriplegia: Loss of function in all four limbs
Incomplete injuries: Some nerve function remains, but with significant impairment

The level of injury matters. Higher injuries (cervical spine) affect more body functions and may require ventilators for breathing. Lower injuries (lumbar) typically affect only the legs.

Amputations: When Limbs Are Lost in an Instant

Amputations occur when:

Crushing forces from truck impact sever limbs
Entrapment requires surgical amputation for extraction
Severe burns or infections necessitate removal

The ongoing medical needs are staggering: initial surgery, prosthetic limbs ($5,000-$50,000 each), rehabilitation, and psychological counseling. Most amputees require multiple prosthetics throughout their lifetime.

Severe Burns: The Agony of Truck Fires

Trucking accidents often result in fires from:

Fuel tank ruptures
Hazmat cargo spills
Electrical system failures
Friction burns from road contact

Burn injuries require specialized treatment and often result in permanent scarring and disfigurement. The most severe cases may require multiple reconstructive surgeries over years.

Internal Organ Damage: The Hidden Killer

Internal injuries may not show immediate symptoms but can be life-threatening:

Liver lacerations
Spleen damage requiring removal
Kidney damage
Lung contusions or collapse
Internal bleeding

These injuries often require emergency surgery and can lead to long-term health complications.

Wrongful Death: When Trucking Companies Take a Life

When a trucking accident kills a loved one, Henderson County families can pursue wrongful death claims. These cases allow recovery for:

Lost future income and benefits
Loss of companionship, care, and guidance
Mental anguish and emotional suffering
Funeral and burial expenses
Medical expenses before death
Punitive damages in cases of gross negligence

The Trucking Company’s Playbook: How They’ll Try to Minimize Your Claim

Within hours of your accident, the trucking company’s rapid-response team swings into action. Their goal isn’t to help you—it’s to protect their interests. Here’s what they’re doing while you’re in the hospital:

Sending investigators to the scene to document “their version” of events
Downloading ECM/black box data before it can be overwritten
Interviewing witnesses to get statements that support their case
Preparing the driver with what to say (and what not to say)
Contacting your insurance company to get a statement from you

Their first settlement offer will be a lowball. Insurance adjusters are trained to minimize claims. They’ll offer quick money before you understand the full extent of your injuries. Once you accept, you waive your right to additional compensation—even if your medical bills skyrocket later.

At Attorney911, we know their playbook because our team includes a former insurance defense attorney. Lupe Peña spent years working for a national defense firm before joining our team. He knows exactly how insurance companies evaluate claims, what tactics they use to minimize payouts, and how to counter every move they make.

The Critical 48-Hour Evidence Preservation Window

In Henderson County trucking accident cases, evidence disappears fast. Here’s what you need to know:

Evidence Type	Destruction Risk	Why It Matters
ECM/Black Box Data	Overwrites in 30 days or with new driving events	Shows speed, braking, throttle position
ELD Data	May be retained only 6 months	Proves hours of service violations
Dashcam Footage	Often deleted within 7-14 days	Captures driver behavior before crash
Surveillance Video	Business cameras typically overwrite in 7-30 days	May show accident sequence
Witness Memory	Fades significantly within weeks	Critical for liability disputes
Physical Evidence	Vehicle may be repaired, sold, or scrapped	Needed for expert analysis

We send spoliation letters within 24-48 hours of being retained. This legal notice demands that the trucking company preserve all evidence related to your accident. If they destroy evidence after receiving our letter, courts can impose serious consequences:

Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
Monetary sanctions
Default judgment in extreme cases
Punitive damages

The FMCSA Regulations That Win Trucking Cases

The Federal Motor Carrier Safety Administration (FMCSA) regulates every commercial truck on American highways. These regulations are your legal ammunition. When trucking companies violate them, they create the dangerous conditions that cause accidents.

Hours of Service (HOS) Regulations: The Fatigue Factor

Fatigued driving causes approximately 31% of fatal truck crashes. FMCSA regulations limit driving time to prevent fatigue:

11-Hour Driving Limit: Cannot drive more than 11 hours after 10 consecutive hours off duty
14-Hour Duty Window: Cannot drive beyond 14th consecutive hour after coming on duty
30-Minute Break: Required after 8 cumulative hours of driving
60/70-Hour Weekly Limit: 60 hours in 7 days or 70 hours in 8 days
34-Hour Restart: Can restart 60/70-hour clock with 34 consecutive hours off

ELDs prove violations. Since December 18, 2017, most CMV drivers must use Electronic Logging Devices that automatically record driving time. This data is objective and tamper-resistant—it directly contradicts driver claims of “I wasn’t tired.”

Driver Qualification Standards: Who’s Behind the Wheel?

FMCSA regulations establish minimum qualifications for commercial drivers:

Must be at least 21 years old (18 for intrastate)
Must read and speak English sufficiently
Must have valid Commercial Driver’s License (CDL)
Must pass medical examination and maintain certification
Must complete required entry-level driver training
Must have clean driving record (no disqualifying offenses)

Driver Qualification Files reveal negligent hiring. Trucking companies must maintain a file for every driver containing:

Employment application
Driving record check
Previous employer verification
Medical certification
Drug test results
Training documentation

Missing or incomplete files prove the company failed to properly vet their drivers.

Vehicle Safety Standards: Equipment That Fails

FMCSA regulations establish equipment standards for CMVs:

Brakes: Must be properly adjusted and maintained
Tires: Minimum tread depth (4/32″ on steer tires, 2/32″ on others)
Lighting: Headlamps, tail lamps, turn signals, reflectors
Cargo Securement: Must prevent shifting, spilling, or falling
Underride Guards: Required on trailers manufactured after 1/26/1998

Maintenance records reveal deferred repairs. Trucking companies must maintain records showing systematic inspection, repair, and maintenance. We subpoena these records to prove negligence.

The 10 Potentially Liable Parties in Your Henderson County Trucking Case

18-wheeler accidents are fundamentally different from car accidents because MULTIPLE parties can be responsible for your injuries. Unlike a simple car crash where usually only one driver is at fault, trucking accidents often involve a web of companies and individuals who all contributed to the dangerous conditions that caused the crash.

1. The Truck Driver

The driver who caused the accident may be personally liable for their negligent conduct:

Speeding or reckless driving
Distracted driving (cell phone, texting, dispatch communications)
Fatigued driving beyond legal limits
Impaired driving (drugs, alcohol)
Failure to conduct proper pre-trip inspections
Violation of traffic laws
Failure to yield, improper lane changes, running red lights

Evidence we pursue:

Driver’s driving record and history
ELD data showing hours of service
Drug and alcohol test results
Cell phone records
Previous accident history
Training records

2. The Trucking Company / Motor Carrier

The trucking company is often the most important defendant because they have the deepest pockets (highest insurance) and the most responsibility for safety.

Vicarious Liability (Respondeat Superior):

The driver was an employee (not independent contractor)
Acting within the scope of employment
Performing job duties when accident occurred

Direct Negligence:

Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
Negligent Training: Inadequate training on safety, cargo securement, hours of service
Negligent Supervision: Failed to monitor driver performance, ELD compliance
Negligent Maintenance: Failed to maintain vehicle in safe condition
Negligent Scheduling: Pressured drivers to violate HOS regulations

Evidence we pursue:

Driver Qualification File (or lack thereof)
Hiring policies and background check procedures
Training records and curricula
Supervision and monitoring practices
Dispatch records showing schedule pressure
Safety culture documentation
Previous accident/violation history
CSA (Compliance, Safety, Accountability) scores

Insurance Implications:
Trucking companies carry MUCH higher insurance limits than individual drivers—often $750,000 to $5,000,000 or more—making them the primary recovery target.

3. Cargo Owner / Shipper

The company that owns the cargo and arranged for its shipment may be liable:

Provided improper loading instructions
Failed to disclose hazardous nature of cargo
Required overweight loading
Pressured carrier to expedite beyond safe limits
Misrepresented cargo weight or characteristics

Evidence we pursue:

Shipping contracts and bills of lading
Loading instructions provided
Hazmat disclosure documentation
Weight certification records

4. Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for improper securement:

Improper cargo securement (49 CFR 393 violations)
Unbalanced load distribution
Exceeding vehicle weight ratings
Failure to use proper blocking, bracing, tiedowns
Not training loaders on securement requirements

Evidence we pursue:

Loading company securement procedures
Loader training records
Securement equipment used
Weight distribution documentation

5. Truck and Trailer Manufacturer

The company that manufactured the truck, trailer, or major components may be liable for defects:

Design defects (brake systems, stability control, fuel tank placement)
Manufacturing defects (faulty welds, component failures)
Failure to warn of known dangers
Defective safety systems (ABS, ESC, collision warning)

Evidence we pursue:

Recall notices and technical service bulletins
Similar defect complaints (NHTSA database)
Design specifications and testing records
Component failure analysis

6. Parts Manufacturer

Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products:

Defective brakes or brake components
Defective tires causing blowouts
Defective steering mechanisms
Defective lighting components
Defective coupling devices

Evidence we pursue:

Failed component for expert analysis
Recall history for specific parts
Similar failure patterns
Manufacturing and quality control records

7. Maintenance Company

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs:

Negligent repairs that failed to fix problems
Failure to identify critical safety issues
Improper brake adjustments
Using substandard or wrong parts
Returning vehicles to service with known defects

Evidence we pursue:

Maintenance work orders
Mechanic qualifications and training
Parts used in repairs
Inspection reports and recommendations

8. Freight Broker

Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection:

Negligent selection of carrier with poor safety record
Failure to verify carrier insurance and authority
Failure to check carrier CSA scores
Selecting cheapest carrier despite safety concerns

Evidence we pursue:

Broker-carrier agreements
Carrier selection criteria
Carrier safety record at time of selection
Broker’s due diligence procedures

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may have separate liability:

Negligent entrustment of vehicle
Failure to maintain owned equipment
Knowledge of driver’s unfitness

Evidence we pursue:

Lease agreements
Maintenance responsibility allocations
Owner’s knowledge of driver history

10. Government Entity

Federal, state, or local government may be liable in limited circumstances:

Dangerous road design that contributed to accident
Failure to maintain roads (potholes, debris, worn markings)
Inadequate signage for known hazards
Failure to install safety barriers
Improper work zone setup

Special Considerations:

Sovereign immunity limits government liability
Strict notice requirements and short deadlines
Must prove actual notice of dangerous condition in many cases

Evidence we pursue:

Road design specifications
Maintenance records
Prior accident history at location
Citizen complaints about condition

Our Investigation Process: Building Your Henderson County Trucking Case

Phase 1: Immediate Response (0-72 Hours)

Accept case and send preservation letters same day
Deploy accident reconstruction expert to scene if needed
Obtain police crash report
Photograph client injuries with medical documentation
Photograph all vehicles before they are repaired or scrapped
Identify all potentially liable parties

Phase 2: Evidence Gathering (Days 1-30)

Subpoena ELD/black box data downloads
Request driver’s paper log books (backup documentation)
Obtain complete Driver Qualification File from carrier
Request all truck maintenance and inspection records
Obtain carrier’s CSA safety scores and inspection history
Order driver’s complete Motor Vehicle Record (MVR)
Subpoena driver’s cell phone records
Obtain dispatch records and delivery schedules

Phase 3: Expert Analysis

Accident reconstruction specialist creates crash analysis
Medical experts establish causation and future care needs
Vocational experts calculate lost earning capacity
Economic experts determine present value of all damages
Life care planners develop comprehensive care plans for catastrophic injuries
FMCSA regulation experts identify all violations

Phase 4: Litigation Strategy

File lawsuit before statute of limitations expires (2 years in Texas)
Pursue aggressive discovery against all potentially liable parties
Depose truck driver, dispatcher, safety manager, maintenance personnel
Build case for trial while negotiating settlement from position of strength
Prepare every case as if going to trial (creates leverage in negotiations)

The Most Common Types of Henderson County Trucking Accidents

Jackknife Accidents: When the Trailer Becomes a Weapon

A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.

Common causes in Henderson County:

Sudden braking on wet or icy roads (especially on SH-31’s curves)
Speeding on rural highways with changing conditions
Empty or lightly loaded trailers (more prone to swing)
Improperly loaded or unbalanced cargo
Brake system failures or worn brakes
Driver inexperience with emergency maneuvers

Evidence we gather:

Skid mark analysis showing trailer angle
Brake inspection records and maintenance logs
Weather conditions at time of accident
ELD data showing speed before braking
ECM data for brake application timing
Cargo manifest and loading records

Underride Collisions: The Deadliest Trucking Accident

An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.

Statistics:

Among the most FATAL types of 18-wheeler accidents
Approximately 400-500 underride deaths occur annually in the United States
Rear underride and side underride are both deadly; side underride has no federal guard requirement

Types:

Rear Underride: Vehicle strikes back of trailer, often at intersections or during sudden stops
Side Underride: Vehicle impacts side of trailer during lane changes, turns, or at intersections

Common causes in Henderson County:

Inadequate or missing underride guards
Worn or damaged rear impact guards
Truck sudden stops without adequate warning
Low visibility conditions (night, fog, rain)
Truck lane changes into blind spots
Wide right turns cutting off traffic
Inadequate rear lighting or reflectors

Evidence we gather:

Underride guard inspection and maintenance records
Rear lighting compliance documentation
Crash dynamics showing underride depth
Guard installation and certification records
Visibility conditions at accident scene
Post-crash guard deformation analysis

Tire Blowout Accidents: When Rubber Meets the Road

Tire blowouts cause more than 11,000 crashes and 738 fatalities annually. In Henderson County, we see blowouts from:

Underinflated tires causing overheating
Overloaded vehicles exceeding tire capacity
Worn or aging tires not replaced
Road debris punctures
Manufacturing defects
Improper tire matching on dual wheels
Heat buildup on long hauls

Evidence we gather:

Tire maintenance and inspection records
Tire age and wear documentation
Tire inflation records and pressure checks
Vehicle weight records (weigh station)
Tire manufacturer and purchase records
Failed tire for defect analysis

Brake Failure Accidents: When Stopping Becomes Impossible

Brake problems are a factor in approximately 29% of large truck crashes. Brake failures in Henderson County often result from:

Worn brake pads or shoes not replaced
Improper brake adjustment (too loose)
Air brake system leaks or failures
Overheated brakes (brake fade) on long descents
Contaminated brake fluid
Defective brake components
Failure to conduct pre-trip brake inspections
Deferred maintenance to save costs

Evidence we gather:

Brake inspection and maintenance records
Out-of-service inspection history
ECM data showing brake application and effectiveness
Post-crash brake system analysis
Driver vehicle inspection reports (DVIRs)
Mechanic work orders and parts records

Cargo Spill/Shift Accidents: When the Load Becomes Dangerous

Cargo securement violations are among the top 10 most common FMCSA violations. In Henderson County, we see:

Cargo Shift: Load moves during transit, destabilizing truck
Cargo Spill: Load falls from truck onto roadway
Hazmat Spill: Hazardous materials leak or spill, creating additional dangers

Common causes:

Inadequate tiedowns (insufficient number or strength)
Improper loading distribution
Failure to use blocking, bracing, or friction mats
Tiedown failure due to wear or damage
Overloading beyond securement capacity
Failure to re-inspect cargo during trip
Loose tarps allowing cargo shift

Evidence we gather:

Cargo securement inspection photos
Bill of lading and cargo manifest
Loading company records
Tiedown specifications and condition
49 CFR 393 compliance documentation
Driver training on cargo securement

The Insurance Battle: How We Fight for Maximum Compensation

The trucking company’s insurance adjuster will call you within days of the accident. Their job isn’t to help you—it’s to protect the trucking company’s interests. Here’s how we fight back:

Common Insurance Tactics & Our Counter-Strategies

Insurance Company Tactic	Our Counter-Strategy
Quick Lowball Settlement Offers	NEVER accept early offers; calculate full future damages first
Denying or Minimizing Injuries	Obtain comprehensive medical documentation and expert testimony
Blaming the Victim (Comparative Fault)	Investigate fully; gather evidence disproving fault allegations
Delaying the Claims Process	File lawsuit to force discovery; set depositions
Using Recorded Statements Against Victims	Advise clients NEVER give statements without attorney present
“Pre-Existing Condition” Defense	Apply Texas “Eggshell Skull” doctrine (take plaintiff as found)
“Gap in Treatment” Attacks	Document all treatment; explain gaps with medical records
Sending Surveillance Investigators	Advise clients on appropriate conduct; expose unfair surveillance
Hiring “Independent” Medical Examiners	Counter with client’s treating physicians and independent experts
Drowning Plaintiff in Paperwork	Aggressive litigation and motion practice to force resolution

The Damages We Fight For

Economic Damages (Calculable Losses):

Medical expenses (past, present, and future)
Lost wages and income
Lost earning capacity (reduction in future earning ability)
Property damage (vehicle repair or replacement)
Out-of-pocket expenses (transportation to medical appointments, home modifications)
Life care costs (ongoing care for catastrophic injuries)

Non-Economic Damages (Quality of Life):

Pain and suffering (physical pain from injuries)
Mental anguish (psychological trauma, anxiety, depression)
Loss of enjoyment (inability to participate in activities)
Disfigurement (scarring, visible injuries)
Loss of consortium (impact on marriage/family relationships)
Physical impairment (reduced physical capabilities)

Punitive Damages (Punishment for Gross Negligence):
Punitive damages may be available when the trucking company or driver acted with:

Gross negligence
Willful misconduct
Conscious indifference to safety
Fraud (falsifying logs, destroying evidence)

What Your Henderson County Trucking Case Is Worth

Case values depend on many factors, but here are the ranges we see in Texas trucking cases:

Injury Type	Settlement Range	Notes
Soft Tissue (Whiplash)	$15,000 – $60,000	Non-surgical treatment cases
Herniated Disc (Non-Surgical)	$50,000 – $200,000	Moderate back/neck injuries
Herniated Disc (With Surgery)	$346,000 – $1,205,000	Multiple disc involvement increases value
Traumatic Brain Injury (Mod-Severe)	$1,548,000 – $9,838,000+	Includes cognitive impairment, long-term care
Spinal Cord Injury	$4,770,000 – $25,880,000+	Paralysis cases command highest settlements
Amputation	$1,945,000 – $8,630,000	Includes prosthetics, rehabilitation, loss of function
Wrongful Death	$1,910,000 – $9,520,000	Depends on decedent’s earning capacity, dependents

Factors That Increase Case Value:

Clear liability (trucking company at fault)
Severe, permanent injuries
High medical expenses (past and future)
Significant lost income and earning capacity
Gross negligence or reckless conduct
Multiple liable defendants
High insurance coverage limits

Factors That Decrease Case Value:

Shared fault (comparative negligence)
Pre-existing conditions
Limited insurance coverage
Minor injuries with full recovery
Delay in seeking medical treatment
Inconsistent medical treatment

The Legal Process: What to Expect in Your Henderson County Case

Step 1: Free Consultation

We offer free, no-obligation consultations to evaluate your case. During this meeting, we’ll:

Review the accident details
Assess your injuries and medical treatment
Explain your legal rights and options
Answer all your questions

Step 2: Case Investigation

Once you hire us, we immediately begin investigating:

Sending spoliation letters to preserve evidence
Obtaining police reports and accident scene photos
Collecting medical records and bills
Interviewing witnesses
Consulting with accident reconstruction experts
Subpoenaing trucking company records

Step 3: Medical Treatment and Documentation

We’ll help you get the medical care you need and ensure all treatment is properly documented. This includes:

Referrals to specialists
Coordination with your doctors
Ensuring all injuries are properly diagnosed and treated
Documenting how injuries affect your daily life

Step 4: Demand Letter

Once your medical treatment is complete (or we have a clear picture of future needs), we’ll prepare a comprehensive demand letter to the trucking company’s insurance. This letter will include:

Detailed description of the accident
Summary of your injuries and treatment
Calculation of all damages (economic and non-economic)
Legal arguments supporting liability
Demand for settlement

Step 5: Negotiation

The insurance company will typically respond with a counteroffer. We’ll negotiate aggressively to get you the best possible settlement. Most cases settle at this stage.

Step 6: Litigation (If Necessary)

If we can’t reach a fair settlement, we’ll file a lawsuit. The litigation process includes:

Filing the complaint
Discovery (exchanging information with the defendant)
Depositions (sworn testimony from witnesses)
Motions (legal arguments to the court)
Trial preparation

Step 7: Trial or Settlement

Most cases settle before trial, but we prepare every case as if it’s going to trial. This preparation gives us leverage in negotiations. If we go to trial, we’ll present your case to a Henderson County jury.

Step 8: Resolution

Once we reach a settlement or jury verdict, we’ll:

Finalize the settlement agreement
Pay all medical liens and case expenses
Distribute your compensation
Close your case

Why Choose Attorney911 for Your Henderson County Trucking Case

1. We’re Henderson County Trucking Accident Specialists

We don’t handle just any personal injury cases—we specialize in trucking accidents. This specialization means:

We know the FMCSA regulations that apply to your case
We understand how to investigate trucking accidents
We have experience with the unique evidence in trucking cases
We know how to deal with trucking company lawyers and insurance adjusters

2. We Have a Former Insurance Defense Attorney on Our Team

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm. He knows:

How insurance companies evaluate claims
What tactics adjusters use to minimize payouts
How to counter every argument they’ll make
What makes them settle for maximum value

This insider knowledge gives us a significant advantage in your case.

3. We Have 25+ Years of Experience

Ralph Manginello has been fighting for injury victims since 1998. In that time, we’ve:

Recovered millions for trucking accident victims
Taken on some of the largest trucking companies in America
Secured multi-million dollar verdicts and settlements
Developed a reputation as attorneys who fight aggressively for our clients

4. We Have Federal Court Experience

We’re admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience is critical because:

Many trucking cases involve federal regulations
Interstate trucking cases can be filed in federal court
Federal court experience gives us credibility with insurance companies

5. We Treat You Like Family

We understand that a trucking accident changes your life. We’re here to support you through this difficult time:

We answer your calls and emails promptly
We keep you informed about your case
We treat you with compassion and respect
We fight for you as if you were our own family

“They treated me like FAMILY, not just another case number.”
— Chad Harris, Attorney911 Client

6. We Take Cases Other Firms Reject

Many law firms won’t take cases they consider “too difficult.” We take cases other firms reject:

Cases with disputed liability
Cases with multiple defendants
Cases with complex injuries
Cases that require extensive investigation

“In the beginning I had another attorney but he dropped my case although Manginello law firm were able to help me out.”
— Greg Garcia, Attorney911 Client

7. We Solve Cases Faster Than Other Firms

We work efficiently to resolve your case as quickly as possible:

We send preservation letters immediately
We gather evidence aggressively
We negotiate from a position of strength
We’re prepared to go to trial if necessary

“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client

8. We Fight for Maximum Compensation

We don’t settle for the first offer. We fight for every dollar you deserve:

We calculate the full value of your case
We don’t accept lowball offers
We’re prepared to go to trial if necessary
We’ve secured multi-million dollar verdicts

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

9. We Offer Fluent Spanish Services

Henderson County has a significant Spanish-speaking population. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.

Hablamos Español. Llame al 1-888-ATTY-911.

10. We Work on Contingency – You Pay Nothing Unless We Win

We understand that you’re facing medical bills and lost income. That’s why:

We work on contingency – you pay nothing unless we win
We advance all case costs
You never receive a bill from us
Our fee comes from the settlement, not your pocket

What to Do If You’ve Been in a Henderson County Trucking Accident

If you or a loved one has been injured in an 18-wheeler accident in Henderson County, follow these steps:

Seek medical attention immediately – Even if you feel “fine,” get checked out. Adrenaline masks pain, and some injuries don’t show symptoms immediately.
Call the police – Always file a police report. This creates an official record of the accident.
Document the scene – If you’re able, take photos and videos of:
- All vehicles involved
- Damage to each vehicle
- The accident scene (road conditions, skid marks, traffic signals)
- Your injuries
- Any visible cargo or securement issues
Get information – Collect:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact information
- Witness names and phone numbers
- Responding officer’s name and badge number
Don’t give statements – Do not give recorded statements to any insurance company without consulting an attorney.
Call Attorney911 immediately – The sooner you call, the sooner we can begin preserving evidence and building your case.

Frequently Asked Questions About Henderson County Trucking Accidents

What should I do immediately after an 18-wheeler accident in Henderson County?

If you’ve been in a trucking accident in Henderson County, take these steps immediately if you’re able:

Call 911 and report the accident
Seek medical attention, even if injuries seem minor
Document the scene with photos and video if possible
Get the trucking company name, DOT number, and driver information
Collect witness contact information
Do NOT give recorded statements to any insurance company
Call an 18-wheeler accident attorney immediately

Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Henderson County hospitals and trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

What information should I collect at the truck accident scene in Henderson County?

Document everything possible:

Truck and trailer license plates
DOT number (on truck door)
Trucking company name and logo
Driver’s name, CDL number, and contact info
Photos of all vehicle damage
Photos of the accident scene, road conditions, skid marks
Photos of your injuries
Witness names and phone numbers
Responding officer’s name and badge number
Weather and road conditions

Should I talk to the trucking company’s insurance adjuster?

NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.

How quickly should I contact an 18-wheeler accident attorney in Henderson County?

IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

Who can I sue after an 18-wheeler accident in Henderson County?

Multiple parties may be liable in trucking accidents:

The truck driver
The trucking company/motor carrier
The cargo owner or shipper
The company that loaded the cargo
Truck or parts manufacturers
Maintenance companies
Freight brokers
The truck owner (if different from carrier)
Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

Is the trucking company responsible even if the driver caused the accident?

Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:

Negligent hiring (hiring unqualified drivers)
Negligent training (inadequate safety training)
Negligent supervision (failing to monitor driver behavior)
Negligent maintenance (poor vehicle upkeep)

What if the truck driver says the accident was my fault?

Henderson County follows Texas’s modified comparative negligence rule. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.

What is an owner-operator and does that affect my case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

What is a truck’s “black box” and how does it help my case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes but for trucks. This data can show:

Speed before and during the crash
Brake application timing
Engine RPM and throttle position
Whether cruise control was engaged
GPS location

This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.

What records should my attorney get from the trucking company?

We pursue:

ECM/Black box data
ELD records
Driver Qualification File
Maintenance records
Inspection reports
Dispatch logs
Drug and alcohol test results
Training records
Cell phone records
Insurance policies
The physical truck and trailer

Can the trucking company destroy evidence?

Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:

Instruct juries to assume destroyed evidence was unfavorable
Impose monetary sanctions
Enter default judgment in extreme cases
Award punitive damages

What are hours of service regulations and how do violations cause accidents?

FMCSA regulations limit how long truck drivers can operate:

Maximum 11 hours driving after 10 hours off duty
Cannot drive beyond 14th consecutive hour on duty
30-minute break required after 8 hours driving
60/70 hour weekly limits

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.

What FMCSA regulations are most commonly violated in accidents?

The top violations we find:

Hours of service violations (driving too long)
False log entries (lying about driving time)
Brake system deficiencies
Cargo securement failures
Drug and alcohol violations
Unqualified drivers (no valid CDL or medical certificate)
Failure to inspect vehicles

What is a Driver Qualification File and why does it matter?

FMCSA requires trucking companies to maintain a file for every driver containing:

Employment application
Driving record check
Previous employer verification
Medical certification
Drug test results
Training documentation

Missing or incomplete files prove negligent hiring.

How do pre-trip inspections relate to my accident case?

Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.

What injuries are common in 18-wheeler accidents in Henderson County?

Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:

Traumatic brain injury (TBI)
Spinal cord injuries and paralysis
Amputations
Severe burns
Internal organ damage
Multiple fractures
Wrongful death

How much are 18-wheeler accident cases worth in Henderson County?

Case values depend on many factors:

Severity of injuries
Medical expenses (past and future)
Lost income and earning capacity
Pain and suffering
Degree of defendant’s negligence
Insurance coverage available

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.

What if my loved one was killed in a trucking accident in Henderson County?

Henderson County allows wrongful death claims by surviving family members. You may recover:

Lost future income
Loss of companionship and guidance
Mental anguish
Funeral expenses
Punitive damages if gross negligence

Time limits apply – contact us immediately to protect your rights.

How long do I have to file an 18-wheeler accident lawsuit in Henderson County?

The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do trucking accident cases take to resolve?

Timelines vary:

Simple cases with clear liability: 6-12 months
Complex cases with multiple parties: 1-3 years
Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

Will my trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.

Do I need to pay anything upfront to hire your firm?

NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.

The Attorney911 Difference: Why We’re Henderson County’s Choice for Trucking Cases

1. We’re Not Just Texas Attorneys – We’re Henderson County Attorneys

We understand Henderson County’s unique trucking landscape:

The dangerous curves on SH-31
The heavy agricultural freight on local roads
The seasonal tourism traffic
The local courts and judges

This local knowledge gives us an advantage in building your case.

2. We Have Insider Knowledge of Insurance Company Tactics

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm. He knows:

How adjusters are trained to minimize claims
What makes insurance companies settle
How to counter every argument they’ll make
What tactics they use to delay and deny claims

This insider knowledge gives us a significant advantage in your case.

3. We Have a Proven Track Record of Results

We’ve recovered millions for Henderson County trucking accident victims, including:

Multi-million dollar settlements for catastrophic injuries
Significant recoveries for families in wrongful death cases
Verdicts against some of the largest trucking companies in America

Our results speak for themselves.

4. We Treat You Like Family

We understand that a trucking accident changes your life. We’re here to support you through this difficult time:

We answer your calls and emails promptly
We keep you informed about your case
We treat you with compassion and respect
We fight for you as if you were our own family

“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client

5. We Take Cases Other Firms Reject

Many law firms won’t take cases they consider “too difficult.” We take cases other firms reject:

Cases with disputed liability
Cases with multiple defendants
Cases with complex injuries
Cases that require extensive investigation

“I had another attorney but he dropped my case although Manginello law firm were able to help me out.”
— Greg Garcia, Attorney911 Client

6. We Solve Cases Faster Than Other Firms

We work efficiently to resolve your case as quickly as possible:

We send preservation letters immediately
We gather evidence aggressively
We negotiate from a position of strength
We’re prepared to go to trial if necessary

“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client

7. We Fight for Maximum Compensation

We don’t settle for the first offer. We fight for every dollar you deserve:

We calculate the full value of your case
We don’t accept lowball offers
We’re prepared to go to trial if necessary
We’ve secured multi-million dollar verdicts

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

8. We Offer Fluent Spanish Services

Henderson County has a significant Spanish-speaking population. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.

Hablamos Español. Llame al 1-888-ATTY-911.

9. We Have Federal Court Experience

We’re admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience is critical because:

Many trucking cases involve federal regulations
Interstate trucking cases can be filed in federal court
Federal court experience gives us credibility with insurance companies

10. We Work on Contingency – You Pay Nothing Unless We Win

We understand that you’re facing medical bills and lost income. That’s why:

We work on contingency – you pay nothing unless we win
We advance all case costs
You never receive a bill from us
Our fee comes from the settlement, not your pocket

Your Next Step: Call Attorney911 Today

If you or a loved one has been injured in an 18-wheeler accident in Henderson County, don’t wait. Evidence is disappearing every hour. The trucking company’s insurance adjuster is already working to minimize your claim.

Call Attorney911 now at 1-888-ATTY-911 for a free, no-obligation consultation. We’ll:

Evaluate your case
Explain your legal rights
Answer all your questions
Begin preserving critical evidence
Fight for the maximum compensation you deserve

Remember: We work on contingency. You pay nothing unless we win your case.

Your fight starts with one call: 1-888-ATTY-911

We answer. We fight. We win.